Excerpt: ...Shackelford, Kristi Shafer individually and as the successor‐in‐interest to and on behalf of the Estate of Justin Vanmeter, and Sherry Guadarrama individually and as the successor‐in‐interest to and on behalf of the Estate of Serena Guadarrama. (Code Civ. Proc., § 436.) The grant of the motion to strike is without leave to amend. To sustain the demurrers to the first and second causes of action as to Veronica Lanuza and Natalie Crosbie, ...

Excerpt: ...uses of action stated against him, namely the first (sexual battery, Civ. Code, § 1708.5), second (common law battery), fifth (intentional infliction of emotional distress), sixth (negligent infliction of emotional distress), and seventh (dependent adult abuse) by plaintiffs Kelli Askew and Sean Askew (“plaintiffs”). Sexual Battery, Civil Code Section 1708.5 (First Cause of Action) Dr. Collins argues that the first cause of action of the Fir...

Excerpt: ...436 to strike specific references to an alleged assault which occurred on December 2, 2016 in the second and third causes of action, as barred by the statute of limitations. Plaintiff's original complaint alleged an assault occurring on December 10, 2016. Plaintiff's First Amended Complaint changed that date to December 2, 2016. Plaintiff claims that her amendment the complaint relates back to the original filing and is therefore timely. Traditio...

Excerpt: ...ion. (Code Civ. Proc. § 430.10, subd. (e).) To deny the motion to strike and motion to post a bond, as moot in light of the ruling on the demurrer. Defendants shall submit a proposed order dismissing plaintiffs' claims against them within 10 days of the date of service of this order. Explanation: Demurrer: While the Complaint is filled with many irrelevant and confusing allegations and facts, the gravamen of the action against the Gittler defend...

Excerpt: ...boldface type. Explanation: Defendant North Cal Cleaning Company (NCCC) demurs to the Complaint on the grounds that the sole cause of action against NCCC for breach of an implied contract fails to state facts sufficient to constitute a cause of action against NCCC because it is barred by the exclusive remedy of workers' compensation and that the Workers' Compensation Appeals Board has exclusive jurisdiction over the matter. (Code Civ. Proc., §43...

Excerpt: ...The court notes that the tenth cause of action contains a typo in the referenced code section, the correct section is Government Code section 12955, subdivision (f). Demurring defendant shall file and serve their answer to the second amended complaint within thirty (30) days from the date of this order. Explanation: A general demurrer admits “‘all material facts properly pleaded, but not contentions, deductions or conclusions of fact or law.'...

Excerpt: ...Procedure section 177.5 for failure to obey this Court's August 6, 2020, September 16, 2020, and November 18, 2020 orders. Evan Selik and Cassandra Cita, or other representative from Simpluris, Inc., are required to appear personally at the order to show cause hearing. The clerk shall serve a copy of this ruling on Simpluris, Inc., Attention: Cassandra Cita, 3194 Airport Loop Drive, Suite C, Costa Mesa, California 93626. Explanation: Judgment was...

Excerpt: ...he date of service of this order. Explanation: First, defendant Saint Agnes moves for summary adjudication as to the fourth cause of action for sexual harassment, which is based on a theory that Saint Agnes is vicariously liable for the alleged sexual battery committed by its employee, Victor Mendoza, during the course and scope of his employment. Under the holding of the California Supreme Court in Lisa M. v. Henry Mayo Newhall Memorial Hospital...

Excerpt: ...oined as a party in the action if (1) in his absence complete relief cannot be accorded among those already parties or (2) he claims an interest relating to the subject of the action and is so situated that the disposition of the action in his absence may (i) as a practical matter impair or impede his ability to protect that interest or (ii) leave any of the persons already parties subject to a substantial risk of incurring double, multiple, or o...

Excerpt: ...vice of this minute order. Explanation: “'We treat the demurrer as admitting all material facts properly pleaded, but not contentions, deductions or conclusions of fact or law. [Citation.] We also consider matters which may be judicially noticed.' [Citation.] Further, we give the complaint a reasonable interpretation, reading it as a whole and its parts in their context. [Citation.]” (Blank v. Kirwan (1985) 39 Cal.3d 311, 318.) First Cause of...

Excerpt: ...from the clerk's service of the minute order. New allegations in the amended complaint are to be set in boldface type. Explanation: On a demurrer, the facts alleged in the pleading are deemed to be true, as it is “not the ordinary function of a demurrer to test the truth of the plaintiff's allegations or the accuracy with which [plaintiff] describes the defendant's conduct. A demurrer tests only the legal sufficiency of the pleading. [Citation....

Excerpt: ...ied in their revised privilege log served on April 6, 2020, except those documents identified on pages 5, 14, 27, 34 and 74 of said log as being unrelated to this litigation, and those documents already produced with the privilege log on April 6, 2020. The documents shall be produced within 30 days of service of the order by the clerk. (Code Civ. Proc., § Code Civ. Proc. § 2031.310, subd. (a).) To deny all parties' requests for sanctions. (Code...

Excerpt: ... Civ. Proc. §§ 1281.2; 1281.4; 9 U.S.C. § 1, et seq.) Explanation: Defendant Western Riverside Council of Governments (WRCOG) moves to compel arbitration of the dispute pursuant to the Federal Arbitration Act (9 U.S.C. section 1, et seq.), or alternatively, under the California Arbitration Act (Code of Civil Procedure section 1281.2, et seq.). Under the Federal Arbitration Act, A written provision in … a contract evidencing a transaction inv...

Excerpt: ...ficers that adopts and promulgates a written policy on, and provides regular and periodic training on an annual basis for, vehicular pursuits complying with subdivisions (c) and (d) is immune from liability for civil damages for personal injury to or death of any person or damage to property resulting from the collision of a vehicle being operated by an actual or suspected violator of the law who is being, has been, or believes he or she is being...

Excerpt: ... is proper. Luckey v. Superior Court (2014) 228 Cal. App. 4th 81 (rev. denied). The evidence on a motion for class certification for settlement must meet the same standards as if there were not settlement, except that there is no need to show the case can be managed for trial. Amchem Prods., Inc. v. Windsor (1997) 521 U.S. 591, 620. California law requires admissible evidence to permit class certification. In re Tobacco II Cases (2009) 46 Cal. 4t...

Excerpt: ...tion to strike the prayer for punitive damages, as moot in light of the ruling on the demurrer. (Code Civ. Proc. §§ 435, 436.) Defendants shall submit a proposed judgment consistent with this ruling within 20 days of the date of service of this order. Explanation: Demurrer: Defendants have demurred to plaintiff's entire first amended complaint on the ground that it fails to state any valid causes of action against them under various theories. W...

Excerpt: ...Ibid.) Explanation: Defendant City of Huron has demurred to the first, second, and fourth causes of action for unjust enrichment, economic duress, and conversion on the ground that they fail to state causes of action, as they attempt to state common law tort causes of action against a government entity. As defendant correctly notes, Government Code section 815 bars common law tort claims brought against public entities like the City. “Except as...

Excerpt: ...ration agreement and that the dispute is covered by the agreement. The party opposing the motion must then prove by a preponderance of evidence that a ground for denial of the motion exists (e.g., fraud, unconscionability, etc.). (Rosenthal v. Great Western Fin'l Securities Corp. (1996) 14 Cal.4th 394, 413‐ 414; Hotels Nevada v. L.A. Pacific Ctr., Inc. (2006) 144 Cal.App.4th 754, 758; Villacreses v. Molinari (2005) 132 Cal.App.4th 1223, 1230.) ...

Excerpt: ...ceed 10 pages in the length, filed by Friday, January 29, 2021. The motions are continued to Friday, February 28, 2021, at 1:30 p.m., in Department 503, as is the writ of mandate briefing schedule hearing. Explanation: Code of Civil Procedure, section 1094.5, subdivision (e), provides as follows: Where the court finds that there is relevant evidence that, in the exercise of reasonable diligence, could not have been produced or that was improperly...

Excerpt: ...eaning of the contractual language and the circumstances under which the agreement was made (Civ.Code, sections 1636, 1644, 1647).” (Rice v. Downs (2016) 248 Cal.App.4th 175, 186.) The evidence shows that an entity named Sebastian Enterprises, Inc. agreed with plaintiff to arbitrate any disputes between them. That entity is not a defendant, and no dispute between plaintiff and it is shown. The evidence shows that plaintiff was employed and paid...

Excerpt: ...ainant Pollen Collection & Sales, Inc.'s (“PCS”) motion for summary judgment of plaintiff/cross‐defendant Miguel Duarte's (“Duarte”) complaint, as well as PCS's motion for summary judgment on its cross‐ complaint against Duarte. (Code Civ. Proc., § 437c.) PCS shall submit a proposed judgment consistent with this order within 10 days of service of the minute order. Explanation: PCS's Motion for Summary Judgment/Adjudication of Duarte'...

Excerpt: ...deemed to be true, as it is “not the ordinary function of a demurrer to test the truth of the plaintiff's allegations or the accuracy with which [plaintiff] describes the defendant's conduct. A demurrer tests only the legal sufficiency of the pleading.” (Quelimane Co. v. Stewart Title Guaranty Co. (1998) 19 Cal.4th 26, 47.) The pleading is adequate if it apprises the defendant of the factual basis for the plaintiff's claim. (Perkins v. Superi...

Excerpt: ...monetary sanctions. To deny plaintiff's renewed motion for right to attach order. (Code Civ. Proc. § 1008, subd. (b).) Explanation: Motion to Compel Deposition of PMQ: “Except as otherwise provided in this chapter, any party shall be entitled as a matter of right to complete discovery proceedings on or before the 30th day, and to have motions concerning discovery heard on or before the 15th day, before the date initially set for the trial of t...

Excerpt: ...wing the nonexistence of a triable issue of material fact. (Jameson v. Desta (2013) 215 Cal.App.4th 1144, 1165; Lopez v. Superior Court (1996) 45 Cal.App.4th 705, 714.) Plaintiff filed a Judicial Council Form Complaint on form PLD‐PI‐100 and used attachment PLD‐PI‐100(4) to allege a single “cause of action” for premises liability, in three “counts,” each stating a different legal theory: negligence, willful failure to warn [Civil ...

Excerpt: .... RRNS Enterprises (1992) 4 Cal.App.4th 238, 241.) “Allowable” costs awarded to a prevailing party must be (1) incurred by that party; (2) reasonably necessary to the conduct of the litigation; and (3) reasonable in amount. (Code Civ. Proc. §1033.5, subd. (c)(1)‐(3); El Dorado Meat Co. v. Yosemite Meat & Locker Service, Inc. (2007) 150 Cal.App.4th 612, 616.) Although the prevailing party is typically entitled to reimbursement of costs, in ...